Smith: Justice Denied Is No Justice

A San Francisco jury engaged in a gross, outrageous miscarriage and travesty of justice and denied Kate Steinle and her family justice, on November 30th, when they delivered a “not guilty” verdict to her murderer, Garcia Zarate, an illegal alien from Mexico. The integrity of the law was destroyed by this jury nullification, which abandoned facts, reason and the truth, and these jurors sent a clear message to America that a criminal illegal alien’s life was more important than Kate Steinle’s life and those of America’s own sons and daughters.

Partly to blame, the Court itself exhibited just how broken our system really is. The five previous deportations of Zarate and his seven previous felonies were left out of the case, even though Ms. Steinle’s murder and Zarate’s illegal alien status had sparked a national debate on the country’s illegal alien problem.

However, on the barest facts of the case, the jury should have easily been able to arrive to a “guilty” verdict on involuntary manslaughter, at the very least, unless they held the typical liberal anti-“white privilege”, pro-sanctuary city Democratic Party line of most of the area’s populace. This jury was a cross-section of an area that is thirty-percent foreign born and seemingly 100 percent ignorant of U.S. law, or simply predisposed to dismiss America’s age old shared principles and common national sentiment.

Any reasonable person, who has a cogent thought process, would have immediately seen through Zarate’s lies and continuously changing story. If he’d been shooting at at a sea lion, as asserted, with the gun he supposedly “found”, the bullet would have been travelling away from Ms. Steinle and the crowded section of Pier 14. If he’d simply stepped on the gun, a weapon the quality of the Sig Sauer P239 would not have discharged on its own, as asserted, nor would it have fired without the trigger being purposely pulled by him, since the Sig would have had anywhere between 4.4 and 10 pounds of trigger pull, depending on its original owner’s preference.

A check of the firearm by the Bureau of Land Management in April 2015, three months before the shooting, found it was in perfect working order, which was noted by Assistant District Attorney Diana Garcia. Explaining further, the DA stated: “It’s not the kind of gun that’s going to go off by accident. He knew all along what he was doing.”

It’s undisputed that the gun was in Zarate’s possession, and witnesses saw him spinning on a bar chair pointing the gun down the pier. Zarate’s own statement is basically a confession, through his own claim the shooting was an accident, even though he fired towards multitudes of people on the pier that day, without any due caution and circumspection. At the very minimum, this fits the precise definition of “involuntary manslaughter”.

It’s also undisputed that Zarate should not have been in America in the first place. If the Sheriff’s Department had turned Zarate over to Immigration and Customs Enforcement agents, as required by federal law, instead of simply releasing him back to San Francisco’s streets, Kate Steinle would be alive today.

How could this jury not convict Garcia Zarate, especially with the understanding that Kate Steinle could have been one of their own daughters, and as they witnessed her family’s pain?

Jim Steinle said: “We’re just shocked — saddened and shocked … There’s no other way you can coin it. Justice was rendered, but it was not served.”

U.S. Attorney General Jeff Sessions was quick to say, “I urge the leaders of the nation’s communities to reflect on the outcome of this case and consider carefully the harm they are doing to their citizens by refusing to cooperate with federal law enforcement officers.”

One should note, FBI statistics show 67,642 murders in the U.S, from 2005 through 2008 and 115,717 from 2003 through 2009. The General Accounting Office attributes 25,064 of these murders to criminal illegal aliens, which means, by extrapolating the stats, that 3.5 percent of this population in America committed twenty-two percent to thirty-seven percent of all murders in the nation.

Ninety-five percent of approximately 1500 outstanding homicide warrants in Los Angeles are for illegal aliens. About 67 percent of LA’s 17,000 outstanding felony warrants are for illegal aliens, and 4.5 million pounds of cocaine worth $72 billion are smuggled across the southern border every year.

Kate Steinle, 32, was killed while visiting the pier in San Francisco with her father and other family members.

Kate Steinle was thirty-two years old at the time of her death, blonde and beautiful and already successful in her career. She was also an adventurer and had already traveled overseas to Barcelona, Dubai and South Africa. Just days before her death, Kate had written, “Whatever is good for your soul — do that.”

Kate, her father and a family friend were enjoying an outing and taking pictures of birds, boats and each other on Pier 14, in the Embarcadero district, on July 1st 2015, when Zarate’s bullet struck her back and pierced her aorta. As she lay dying in her father’s arms, she gasped her last words, “Dad, help me, help me.”

Kate’s vibrant life was taken far too soon, but Zarate gets to rise each day and continue his life to whatever miserable end finally finds him, after he completes a two to three year sentence on the felony weapons charge. He will be returned to Mexico upon release, and that’s not justice.

America must force our leaders to fully enforce existing immigration law aimed at halting illegal immigration. No longer should the nation bear any tax burden either for sanctuary cities, that ignore these laws. Detain and deport anyone entering America illegally, regardless of their criminal or innocent intentions, and imprison repeat offenders for enough years to send a message to others and deter them from entering illegally. Build the wall and secure our borders, because Kate Steinle and other Americans murdered by illegal aliens deserve no less.

And perhaps, America needs a victim veto set in U.S law, for instances of jury nullification and a defendant’s obvious guilt, so the victim’s family can say: “Judge, I can’t live with this miscarriage of justice. This man murdered my daughter. I cannot possibly let this go unanswered. Let the judge make the final ruling.

As the father of two daughters, in the absence of a punishment that fit the crime, a sense of being avenged and then to witness the criminal go free, without paying any real price, my own outrage would be such, if I were in Jim Steinle’s position, that I would make it a point to kill Zarate upon his release, because a criminal, especially a killer, must face a day of reckoning and receive his due.

The death penalty, life or twenty-five years in prison without parole could never redress the harm Zarate‘s actions brought to the Steinle Family, but to let him go without finding him guilty of involuntary manslaughter is an intolerable moral violation. If the principles of the U.S. Constitution applied equally to protect victims, as much as the accused, it would be cruel and unusual punishment to deny the victims any real semblance of justice, that accompanies the rightful punishment of those who have done them or their families harm. And, as in this case, justice denied is no justice.

December 2, 2017

~ The Author ~Justin O. Smith has lived in Tennessee off and on most of his adult life, and graduated from Middle Tennessee State University in 1980, with a B.S. and a double major in International Relations and Cultural Geography – minors in Military Science and English, for what its worth. His real education started from that point on. Smith worked 8 years for the LaVergne Fire Dept – two years as their clean-up boy – and became a working fireman at age 16, working his way through college and subsequently joining the U.S. Army. Since then he primarily have contracted construction and traveled – spending quite a bit of time up and down the Columbia River Gorge, in the Puget Sound on Whidby Island and down around Ft. Lauderdale and South Beach. Justin currently writes a weekly column for The Rutherford Reader in Murfreesboro, TN, which he calls home, in addition to being a frequent contributor to the Federal Observer – and spend as much time as possible with his two beautiful and intelligent daughters and five grandchildren. Justin Love God, Family and Our Magestic and Wonderful America, and am a Son of Liberty.

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9 thoughts on “Smith: Justice Denied Is No Justice”

Many thanks Justin for filling in the blanks, people need to know concerning the Zarate trial in Sanctuary City San Francisco. On the Federal Observer article “7 things you need to know about Sanctuary Cities” I mentioned Sheriff Joe Arpaio, Maricopa County, Arizona and his efforts to curtail human trafficking and the massive illegal immigration problem in Phoenix, Arizona. As a member of the U.S. Border Patrol Anti-smuggling Unit based in Tucson, most of our category one felony cases involving thousands of illegal aliens ended up in Phoenix, Arizona at multiple drop houses and local destinations including Chander Hts. There was little or no support from local law enforcement which was expected due to city policies.

In 1992, Joe Arpaio, who had worked many years as a DEA Agent , Section Chief stateside and in Mexico was elected Sheriff of Maricopa County. Under 287(g) law enforcement assistance for immigration law enforcement, Joe’s Department was the only local law enforcement in the United States that was actively searching and arresting not only human smugglers but illegal aliens, many who were wanted felons.

After training under ICE, Arpaio made a statement that 2,000 of the 10,000 inmates in his county jails were illegal aliens who had committed crimes apart from entering or residing in the U.S. illegally.

The open borders minions, leftists and sanctuary politicians despised the Sheriff, but his policies against illegal immigration and crime saved lives. I was proud to work with many of his deputies from 1992 to 1998. Some of the illegal alien criminals turned over to the Border Patrol and Immigration agents were very dangerous people with no regard for human life.

It is more than obvious that *Deportation* does NOT work as these criminals just make it a ROUND TRIP and return before the officers get back home. Each and every Pro-ILLEGAL – each and every Pro-Sanctuary location must open their private homes and families to these criminals. How many of these ILLEGALS are housed with Gov. Moonbeam – or the other TAX PAID traitors in America?

And WHY aren’t these law breakers who HARBOR these ILLEGALS charged, prosecuted and convicted under 8 USC Section 1324a states: “Any person who knowingly hires/harbors/transports any illegal alien is guilty of a felony punishable by 10 years jail + $2000 fine per illegal alien + forfeiture of the vehicle or property used to commit the crime”. ?????

Why isn’t Sessions bringing charges against these government employees who are in OPEN VIOLATION of this law????

There is another way to prevent these criminal ILLEGALS from returning – it is called a bullet inserted in the right place. They won’t return if that is properly inserted.

The number or RETURNEES after multiple deportations should prove to anyone that deportation isn’t the cure. How many more LEGAL AMERICANS must die because the Government refuses to enforce the immigration laws? Contact Sessions and Pres. Trump and demand they enforce 8 USC Sect. 1324a. How many more victims before they do their job??? No need to withhold $$$ from these sanctuary cities/states – Just arrest, charge, prosecute, convict those public employees under 8 USC 1324a and see how fast the rest drop this insanity of protecting criminals. We have all heard of how the border crossings dropped after Pres. Trump took office – all because of his TALK about the border. Well, lets make use of the ACT of enforcing the law I’ve stated here and see how it works on American politicians. Will they want TEN YEARS IN JAIL and $2000 fine PER ILLEGAL? Do the math folks,. What would that cost Gov. Moonbeam and the mayors of the cities that say they are sanctuary cities???? Do any of you really think these greedy politicians are going to hand over THEIR personal money to save a criminal ILLEGAL?

Jackie, as always thanks for bringing up the prosecution and deportation issue under INA 8 US codes.
The laws established by Congress long ago are strict as you mentioned under 8 USC 1324 and 1326. The major problem as Justin presented in his first sentence is our court system which is a gross, outrageous miscarriage and travesty of Justice. Through many years of arresting and presenting for prosecution human smugglers for violations of 8 USC 1324, rarely if ever did these career criminals receive the maximum punishment and fines set by congress. Most in fact were granted credit for time served by U.S. Magistrates unless rape or homicide was linked to the case and material witnesses were willing to testify.

Deportations and re-entry after deportation which is a serious offence under 8 USC 1326 was also ignored by repeat offenders like Zarate who did not face a serious prison sentence even after multiple violations. A classic example of how immigration judges operate was during the El Salvadorian Civil War and hundreds of MS-13 Gangsters were crossing the Border and when apprehended claimed political refugee status. Agents recommended Deportation with no consideration as a refugee due to organized crime activity. The few who were formally deported quickly returned and if arrested after re-entry did not face the maximum sentence in the court system but were free to re-enter time after time. MS-13 in 2017 is now a major criminal operation coast to coast.

Hopefully , people nationwide will contact the Trump administration asking for strict enforcement of existing immigration laws which will resolve many past and current problems. Trump has made a difference with the appointment of 125 new magistrates who may be able to finally establish a system of justice in this country.

John,
We need to go after those who HARBOR the ILLEGALS, All those in politics who claim these unlawful sanctuary city/state areas. Let’s go after them and prosecute and then go after their property according to the law 8USC 1324a and send them to prison for the time – 10 years in prison for EACH ILLEGAL they are harboring – and the $2,000.00 fine for EACH ILLEGAL they harbor. We need to arrest, charge, prosecute, and CONVICT these politicians who think they are above the law. If we go after them the number of sanctuary locations will disappear when the politicians have to foo the bill for their aiding the violations of the Immigration laws. Just think of the amount of TIME in prison for EACH ILLEGAL in California and in Oregon for the governors of just those two states and the amount of money in FINES from those two governors – then add the other officials in the cites and counties. That is why I said we can collect much more and reduce the number of ILLEGALS if we go after the politicians over the Feds holding back any funds to these sanctuary locations. We could collect money rather than holding it back.

Jackie, all who have been immigration enforcement agents agree that any public servant who has taken an oath to uphold the laws of the United States and who conceals, harbors or shields from detection illegal aliens can be prosecuted under 8 USC 1324 (a). Personally , I’d like to see every person, politician or smuggler facing a ten year prison sentence and fines in an independent court of law. The major problem as always is the U.S.D.O.J. Attorney Generals lack of will to prosecute, a left leaning Judicial court system with politically biased magistrates similar to San Francisco, and public outrage from the usual suspects in the congress and senate.

Though many years enforcing 8 USC statutes, I always appreciated this summation of lawyers. Dishonesty has so often been associated with lawyers that St. Ives, the patron saint of lawyers was praised because he “was a lawyer, but not dishonest-an astonishing thing in people’s eyes!”.

Supposedly, a Senate Bill is underway to prosecute sanctuary city and state officials under 8 USC 1324 ,
but an honest politician or group of politicians agreeing on any common sense bill would be also astonishing.

In reference to your statement, “an independent court of law” – I do not believe that there is such a thing any longer. Note the number of “courts” who are continually “ruling” against anything coming out of the current White House.

Very True Jeff , a non partisan independent magistrate would be very rare. Also non existent is an independent non partisan F.B.I. Director. J. Edgar Hoover who used illegal surveillance and harassment tactics against public officials and private citizens for fifty years would be proud of Comey and his upper management minions .

Native Americans had no Borders. They had no immigration laws. U.S. History records thier fate. Most were all but swept into the dust pan of American History and driven onto Reservations. It was a horrendous trajedy for America’s First. What fate awaits present day America ?

For 27 years as a Border Patrol Agent I enforced the INA from Chula Vista, California, during Farm & Ranch Check Operations within Fresno, California’s Operational Areas. On on occasion I was the only Agent on duty from the San Clemente OS, California to the U.S. Border Patrol OS at Blaine, Washington.

I also enforced the Act while being assigned to the Ramey, Puerto Rico Station in Maritime enforcement. I later returned to the Southern Border, Tucson OS, for the duration of my career. During the aformentioned years enforcement efforts were hard pressed to accomplished assigned operational tasks. The shortage of man power and equipment continued to curtail dedicated enforcement’s best efforts. Political special interest groups as well the U.S. Senate and U.S. Congress remained forever vigilant over eforcement efforts. Both entities are primarily concerned with their next elections within the political arena.

Immigration Enforcement is and forever will be a double edged sword. Enforcemnt efforts of our Nation’s Immigration and Nationality Laws are imperative for both our Borders and Interior. If aliens continue to enter the USA without inspection and granted amnesty this Nation’s future remains questionable.

The liberal mind set continues to plague America. I recall one American comedian state ” who said the torch went out on the Statute of Liberty ?

“Gunny ” McCann was an outstanding agent and field supervisor who worked the dangerous narcotics and human smuggling trails of southern Arizona . After retirement when multi-thousands of illegals were pouring across the border in 2003 , the “Gunny” guided numerous media film crews to high density smuggling trails in Arivaca canyon. On the first heavily traveled foot trail, over a hundred illegal aliens walking in single file were documented by the New York City video team. National Security concerns were very real in a time of war, yet our border enforcement was a low priority in D.C. Time magazine, reporters from the American Legion, judicial watch and other credible media outlets revealed the truth.

Regarding the San Francisco Jury that returned an acquittal verdict against Zarate is not surprising.
Through many years as case agent and prosecution officer on felony cases involving smugglers, the jury selection process is an amazing sideshow. The district AUSA prosecutor seeks prospective jurors that have basic common sense, preferably people that have work skills with knowledge of the real world, ex- cops or military. Defense attorneys want people that believe everything in life is beautiful, butterflies and rainbows, with crime that never happens in their life or neighborhood . People with an ethnic background similar to the defendant on trial is also a must. In a pick and choose contest, Defense and Prosecution try to get the best possible jurists for their side, a so called balance of Justice. In the San Francisco fiasco, it appears that both Defense , Prosecution and the Judge were dancing with the butterflies and rainbows and forgot the victim Kate Steinle.

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